Lanes of the Road
Intelligence - Legal Environment
Executive Order 12333

- Consent
- Computer trespasser exception
- FISA warrants

During the course of protecting DoD\'s Global Information Grid from an intruder, it may be appropriate for an intelligence component or a DoD counterintelligence element to become involved. The intelligence arm of DoD is limited in its collection of information by the Foreign Intelligence Surveillance Act, Executive Order 12333, DoD Directive 5240.1, and DoD Regulation 5240.1-R. This framework balances the protection of U.S. persons’ rights to privacy with the interest in protecting against a foreign threat.
Executive Order 12333 limits the activities of intelligence organizations, specifically as to collection against "U.S. persons," as defined in Executive Order 12333. Initial information leading to intelligence investigations often comes from the law enforcement or service provider lanes. Intelligence agencies usually rely on consent, the computer trespasser exception, and FISA warrants to obtain information.
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